Hamilton County Prosecutor Joe Deters said he can't indict ex-police officer Ray Tensing on lesser charges for killing Sam DuBose, contrary to commentary from local media. Deters told 700 WLW's Bill Cunningham that the decision to bring lesser charges against Tensing was considered nearly two years ago. Common Pleas Court Judge John "Skip" West reviewed evidence of the case and went to a grand jury. At that time, charges of murder, voluntary manslaughter, reckless homicide and negligent homicide were all considered, Deters said on the radio Wednesday. The grand jury returned an indictment for murder and voluntary manslaughter. Deters was criticized by some for possibly "overreaching" or "overcharging" Tensing for shooting and killing DuBose during a traffic stop in July 2015, especially after Tensing's second trial ended in a hung jury. "To say the prosecutors overreached -- thats idiotic," Deters said. Asst. Prosecutor Seth Tieger asked Judge Leslie Ghiz to consider adding a charge of reckless homicide for consideration in the jury instructions in Tensing's second trial. Ghiz denied the request and said the evidence in the case -- particularly evidence that indicates Tensing intentionally shot DuBose to kill him -- did not match a charge of reckless homicide.
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